India – Minor’s consent not enough for abortion’: Delhi High Court keeps doctor on trial

A survivor alleged sexual assault and pregnancy, after which she underwent termination of a six-week pregnancy at a medical centre in 2019.

Somya Panwar
Aug 7, 2026

Observing that a minor cannot consent independently to an abortion under the Medical Termination of Pregnancy Act (MTP Act), the Delhi High Court has refused to cancel criminal proceedings against a doctor accused of terminating a minor’s pregnancy without following required legal safeguards under the law.

It held that the law must determine where a doctor’s professional responsibility ends, and a citizen’s duty to report an offence begins. Justice Purushaindra Kumar Kaurav observed that Form I under MTP Rules is not just a document to record the doctor’s approval for termination, but it must also contain the reasons, such as cases where the pregnancy is alleged to have resulted from rape.

Continued: https://indianexpress.com/article/legal-news/minors-consent-not-enough-abortion-delhi-high-court-doctor-must-face-trial-10820942/